The goodwill of a particular product or service is often integrally associated with a trade mark. A trade mark indicates a connection between certain goods and services and the trade mark owner. As such, a trade mark functions as a "badge of origin", identifying the source of...
Trade mark rights are territorial. There are two ways we can help you protect your trade mark overseas: File separate applications to register your mark in each country of interest. File an "international application for registration" (International Application) designating multiple countries under the Madrid System. There are pros...
Your trade mark rights can be eroded, and eventually lost, if you are not careful with how you use your trade mark. For instance, kerosene, linoleum, kiwifruit and corn flakes all originated as trade marks but became descriptive and now everybody is free to use them. Below...
Incorporation of a company under a particular name does not prevent others from selling goods or providing services under the same (or a similar) name. A company name serves only to identify a legal entity. It does not confer a proprietary right in that name. A trade...
The owner of an unregistered trade mark may bring legal action against a competitor using that mark under the common law action of passing off or under the Fair Trading Act. In both cases, to enforce rights in an unregistered trade mark the owner must prove to the...
A trade mark must be capable of indicating, in the course of trade, a connection between the trade mark owner and its goods or services. A trade mark can be any distinctive marking such as a word, phrase, symbol, or any combination of these. It can...
To prepare an application to register a trade mark, we require: The applicant's full name, business address, nationality and occupation; An indication of the types of goods and/or services in relation to which registration is sought; and If the trade mark includes lettering in non-standard form or...
Goods Class 1: includes chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; manures; adhesives used in industry. Class 2: includes paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants. Class 3: includes cleaning, polishing, scouring and abrasive preparations;...
The usual procedure for securing registration of a trade mark is summarised below. Typical time periods are indicated. A trade mark application usually proceeds to registration six months after filing. If at any stage you decide not to continue with the application, it may be abandoned. Your...
A trade mark registration or application may be sold or otherwise transferred by the trade mark owner, either with or without the goodwill of the business associated with the trade mark. To give full effect to the transfer, a formal deed is required. The transfer of...